Back charges and old debts. Do you have to pay?

1. How old are the costs?

Check the invoice dates on the demand against the date the demand was served. Section 20B LTA 1985 says a landlord cannot recover costs incurred more than 18 months before the demand . unless you were notified within that 18-month window.

What to do: Find the work order or invoice showing when the work was done. Count back 18 months from the demand date. If the work is older than that and you received no letter/notice about it within 18 months of the work, you may not have to pay.

2. Was a valid demand served at the time?

Even if the costs are within 18 months, the original demand must have been valid. Sections 47 and 48 LTA 1985 require every service charge demand to include: the landlord's name and address, the amount demanded, and your legal rights.

What to do: If you have the original demand from years ago, check it contained these details. If it was defective, arrears based on it may be challengeable. If you never received a demand at that time, that strengthens your position.

3. What does your lease say about the payment schedule?

Your lease specifies when and how service charges are payable . quarterly, half-yearly, annually, in advance or arrears. It also sets out what happens if payment is late.

What to do: Look for the service charge provisions in your lease. If you're being chased for amounts outside the schedule you agreed to, or if there's a dispute about timing, that's defensible. → Ask LEASE-iQ: "What does my lease say about when service charges are payable and what happens if payment is late?"

4. Were any major works properly consulted?

If back charges include major works costing any leaseholder more than £250, Section 20 consultation must have been completed before the work started. No consultation = costs capped at £250 per leaseholder.

What to do: Ask the landlord or managing agent for copies of the Section 20 notices. If they can't provide them, or if the consultation happened after work began, the charge is likely capped. Write to them in writing asking for proof of consultation.

5. What are your options?

Once you've checked the above, you have two formal paths:

• (a) Request a summary of costs . Under Section 21 LTA 1985, you have the legal right to ask for a breakdown of service charge costs. They must provide it within 21 days. Compare to market rates and benchmarks.
• (b) Challenge reasonableness at the First-tier Tribunal . Under Section 19 LTA 1985, you can apply to the FTT if you believe the charges are unreasonable. Fees under £300. No solicitor needed. Application is straightforward.

Your lease specifies: what costs can be recovered as service charges, who pays what percentage, when payments are due, and whether certain works require consultation. The statutory rules (Sections 20, 20B, 19, 21) override if the lease is silent . but if the lease is more restrictive, the lease terms apply.

Ask LEASE-iQ: "My freeholder has sent me a demand for [describe charge]. Using my lease: (1) What is my service charge apportionment? (2) Does the lease authorise this type of charge? (3) Is there a Section 20 requirement in the lease? (4) Are there any limits on management fees? (5) Is there anything that would prevent this charge being recovered?"